On Tuesday, an Ikeja Special Offenses Court discharged and acquitted the Former Minister of Aviation, Femi Fani-Kayode, of the charge of medical forgery levelled against him by the Economic and Financial Crimes Commission (EFCC).
Justice Olubunmi Abike-Fadipe, while delivering a ruling on the no-case submission filed by Fani-Kayode’s Counsel, Mr Wale Balogun (SAN), held that the prosecution failed to establish a prima facie case against the defendant.
Abike-Fadipe said the prosecution failed to establish a link between the defendant and the offences charged as a matter of fact to enable the court to determine whether or not the prosecution has established a prima facie case against him.
She said that the prosecution failed to present the defendant’s associates, who allegedly collected money from him, or the lawyer, who allegedly stated that the defendant had instructed his law firm to take the medical reports to the Federal High Court.
The judge said: “The extrajudicial statements which remain, and are intended as evidence, cannot be used for any purpose other than to contradict the person who made the statement when he is in the witness box.
“I have carefully studied the evidence of the prosecution witnesses, and I can not find where the defendant committed the offences being alleged.
“The prosecution has failed to establish a prima facie case which would require the defendant to open his defense.
“As to the issue of costs, the defendant is at liberty to file an action report and do so in private.”
The judge consequently discharged and acquitted the defendant of the alleged offences.
The EFCC charged Fani-Kayode on Nov.11, 2021, with a 12-count charge of procuring and executing documents by false pretences, using false documents, fabricating evidence, and using fabricated evidence.
The prosecution called seven witnesses to testify against the former minister and closed its case. Fani filed a no-case submission on Dec.7, 2024, urging that the prosecution had failed to establish the charge against him.
In the same vein, a Federal High Court in Abuja discharged the former minister of the three-count money laundering charge levelled against him by the EFCC on Jan. 15. Justice John Tsoho, in his ruling, held that the EFCC failed woefully in proving the charge against Fani-Kayode.
Tsoho held that the court’s decision was based on the prosecution’s failure to provide sufficient evidence linking Fani-Kayode to the alleged offences.
He said, “The prosecution failed to establish a prima facie case against the defendant, and therefore, the no-case submission was upheld.
“The prosecution presented three witnesses and tendered exhibits to support their case. However, this court finds that the evidence presented was inconsistent, contradictory, and unreliable.
“The evidence of PW3 (Mohammed Goji) left more questions than answers and was not conclusive.
“PW1’s (Victor Ehabhi) evidence under cross-examination showed fundamental inconsistencies and PW2 (Francis Abu) did not link the defendant to the charges.”
The ruling delivered by Justice Tsoho is similar to one in 2015, when Justice Rita Ofili-Ajumogobia discharged and acquitted Fani-Kayode of money laundering charges.
